Court No. - 16
Case :- SECOND APPEAL No. - 76 of 2019 Appellant :- Rajaram Singh Yadav And 4 Others Respondent :- Govind Singh Yadav And 2 Others Counsel for Appellant :- Manish Kumar Jain
Hon'ble Rajiv Joshi,J.
Heard Sri Manish Kumar Jain, learned counsel for the petitioners.
The suit filed by the plaintiffs-respondents for grant of permanent injunction restraining the defendants from interfering with the land of Plot No. 370 having area 0.0890 hectares as well as restraining the defendants from using Well situated in the plaintiffs' plot. The suit was partly decreed by the trial court and restraining the defendants-appellant from interfering with the possession of the plaintiffs' land over the Plot no. 370 and also directed to use of Well for the purposes of irrigation. The decree passed by the trial court was reversed by the lower appellate court with the finding that the land of Plot No. 370 was recorded in the names of the plaintiffs and even Well situated therein is also recorded in the name of the plaintiffs and therefore, the defendants-appellants has got no right to use Well of the plaintiffs.
The finding so recorded by both the courts below are findings of fact and no easementary right can be claimed by the defendants over the private Well constructed by the plaintiff over the Plot No. 370.
The proposed substantial questions of law framed by the defendants-appellants in the appeal do not involve any legal issue. The appeal is devoid of merit and, is accordingly, dismissed.
Order Date :- 22.1.2019 Akbar